First Amendment Legalities

 

Over the course of the last year, I’ve witnessed stupidity online where American Citizens used their TikTok, Instagram, and Facebook pages to produce short videos spouting off with stupid comments and threats. They claimed these comments were just jokes, and what’s worse, they said it was their First Amendment right to free speech. Well, let me educate the masses on the legalities of those First Amendment protections of free speech.

The First Amendment, ratified on December 15, 1791, is the cornerstone of the Bill of Rights! It protects our individual freedoms and keeps government power in check when our speech discusses religion, speech, the press, assembly, and petition, prohibiting the Government for a redress of grievances. Congress shall not make laws that infringe on these rights. So, let's break these rights down a bit so those who never took a civic or constitutional law class in high school or college can understand just how stupid they are.

Key Protections

Freedom of Religion ensures diverse beliefs can coexist without state favoritism, promoting a pluralistic society.

Freedom of Speech encompasses not just spoken words but also art and digital expressions, crucial for democracy.

Freedom of the Press supports investigative journalism, essential for accountability in governance.

Right to Assemble empowers communities to voice their concerns collectively.

Right to Petition underscores the importance of citizen engagement in shaping policies.

Historical Context

The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.

As society evolved, its interpretation has been shaped by landmark Supreme Court cases that continue to define the scope of these rights.

Understanding this evolution is essential for grasping current debates on free speech and individual liberties in America today.

Legal Interpretation

Over time, the Supreme Court has clarified the scope of the First Amendment through landmark cases, and certain legislative amendments have been issued. Many of them have been overlooked by the people who thought the First Amendment protected their stupidity under the law when they shared their thoughts on the internet via their cute little TikTok or Instagram videos, claiming they were simple jokes. Well, guess what, folks, those jokes have consequences that should be considered before you hit submit. Let’s go over those little jokes and apply the true laws to their consequences.

1)      When you upload a video that Threatens the President  or the Vice President and you willingly and convey a threat to take the life of, or kidnap, or suggest an individual or organization should inflict bodily harm upon the President or Vice President or any officer in succession of the office of the President shall be fined under 18 USC 871 of up to five years in prison or a fine of up to $250,000 for each threat.

2)      When you upload that video that contains a threat against the President’s spouse, children, or grandchildren, that threat is also considered a felony under 18 USC 879 and can land you in jail for up to five years and up to $250,000 in fines.

3)      This is the one I love the best, Crossing Interstate Lines via the Internet. I bet you didn’t know about this one, did you? Whether it be via typing and sharing over the internet or via video transmission, once you post those threats online, you have ultimately crossed interstate lines, and your little threats have placed you under 18 USC 875, gaining you fines of up to $250,000 for each one, plus potentially 5 years in a federal prison. So please go ahead and keep being stupid and post those little joking videos online,

4) The best one is the last one here. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; This includes threatening or intimidating any person with ICE, Boarder Patrol or any law enforcement office over the internet and encourage terrorist organizations to attack our authoritative body of any kind or encourage them to bomb, take out or harm anyone who wears a uniform or an attempt to kill, they shall be fined under this title or imprisoned for any term of ten years or for life, or both, or may be sentenced to death.

Remember this! The First Amendment is not all about protecting YOU! It's crucial to remember that it applies solely to government actions, not private entities. Private employers or universities can set speech limitations without breaching this amendment. However, speech inciting violence, threats, obscenity, or defamation isn’t fully protected! In essence, it's a pillar of American democracy—ensuring freedom of expression while checking governmental power!

So the next time you feel like posting up a funny video claiming to prank or joke about hurting or harming the President, his family, or any ICE or Border Agent, learn the law before you hit submit on that video online. Be sure to have plenty of money readily available for a good attorney and your bail or fines issued to you at your court hearing.

Elizabeth Kilbride is a Writer and Editor with 40 years of experience in writing, 12 of which are in the online content sphere. Author of 5 books and a Graduate with an Associate of Arts degree in Business Management, a bachelor’s in mass communication and cyber-analysis, a master’s in criminology with emphasis on Cybercrime and Identity Theft, and is currently studying for her Ph.D. degree in Criminology. Her work portfolio includes coverage of politics, current affairs, elections, history, and true crime. Elizabeth is also a gourmet cook, life coach, and avid artist in her spare time, proficient in watercolor, acrylic, oil, pen and ink, gouache, and pastels. As a political operative who has worked on over 300 campaigns during her career, Elizabeth has turned many life events into books and movie scripts while using history to weave interesting storylines. She also runs 7 blogs ranging from art to life coaching, food, writing, Gardening, and opinion or history pieces each week.